Telegram-herald., 1887-03-10

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f9 tes deie93an. tis lu .olns ferasfd ~sth
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81 - hs4 ~ fhsn lbe feIa4iaiBs qlsst.0i
stl le snsf amount ~ d1alA<es sno4.1 tbe
p.ai1ld feeessT. fbrEs Afs ssssfai sls
meets - ts tAsea iGfo tie consideration u
4a1lAkss ~ silea esse. Ia ths arst piscs
tie piGiaU1 = entitled - recover shat she
Las .osg ffOm the failure u ths Elzrftzge.
tn1eF tbs as4t yea are - take into
sCcoupL her oau situation IA ufe siih
r~specs - her dependence or oshsfslss sad
tne property and sociai position " tas de-
tentalt whatever they we're IA which The
~ srf.zgs would have brought her for these
are things l0st b the failure of the
rnafriass, o1f you should also tsks into the
estimate \ consideration Of the age u tie
defendant compared With her o~us and
The iact that she Nas % come into and con
fiaus 70 live wiEh a family o. children not
her own, aud II that Dc 50. with husband
whose health and advancing years might
dlssDp0int mahy OF the most delightful
hopes that belong 10 the marriage stze. II
4 F0aug lady u twenty eight aud q man
thirty years her senior sgree 10 marry, II =
their 0nn affair, the law gives them the
right and sanctions the agreement but Il
does not shut Us eyes % the consideration
OF such discrepancy in aye. when tie
damages are % De estimated IN case OF =
breach Of Il. All these and the like cir
Gums -anees YOU are 10 collect together and
form the s0undest estimate you can OF the
value OF the whole situation she has lost
hlrdy-Shc Is also entitled TO recover.
II as before she has shown broken con
tract, for the injury 70 her elings she may
nave sustained, the disappointment and
mobilization that is thus brought upon her.
aud the humiliation which she has under
gone by being placed in such position
among her friends aud scquaintances. All
these things you are 10 consider also IN a
Just and careful way. and determine what
cum would compensate tor them. lou are
10 consider both these heads of damages
with a temperate judgement. YOU will reAdi-
" understand that no rash and incOnsider-
ate determination would answer The ends OF
justice and | presume you naed no warn
lng in that direction. Something has been
said about further damages. sometimes
called exemplary. Those also are some
times allowed when there has baen gross
ard wantOn injury TO the plaintiff and
cause less wrong in the conduct of the de
fendant, that Is above and beyond the ordln-
Ary incidents of such a case. cannot see
IN this case that any circumstances are
proved which would authorize the jury in
finding any such damages, bat it IS for you
10 find II there be such facts and iniiict
such damages as you think warranted
Bat In the view whica the COnrt
takes of the case il is my duty to eau
ton You 10 scrutinize the evidence
closely before you fX such damages. It IS
claimed for the plaintiff that she is entitled
10 damages for the reason, IS - alleged, that
the defendant in the notice of defense
which be has lied and in the defense made
on the trial, has set mp false and mali
cious charge against the plaintiff that she
conspired % get his money by false repre-
sentatiOns OF affection for him. AS 10 this
I i. struct you that il the defendant in fact
has set up a false charge of that kind by
WAY OF defense. ana has done il out of 4
spirit Of mere wsntOnness. aud with pur-
pose 10 injure the plaintiff that ought 20 he
considered as another item of damages; but
II this notice was set mp in good faith for
the purpose OF presenting the ground IN
tended TO ne taken on the defense, anj to
enable the defendant TO make a defense
supposed To be proper. there voald BE- no
ground for charging damages on th,t
score. All reasonable freedom must bs al
lowed 10 parties TO shape and present their
case aud il IS only when that right is per
verted to De the vehicle of malice. that the
exercise of the right becomes wr1ngiii..
[ pon the whole case you viii render the
verdict which Z thoughtful consideration of
tae testimony and of the instruction Of the
court shall require
A. 2.23 by the time piece in the court room.
the jury retired under chsrg1 of Deputy
Marshall II. l.. CampaG, but a good share
of the spectators remained hoping that a
verdict would be reached without much
delay. After the jury retired. the court
proceeded with TIE hearing Of smother
cause. At D o'clock a recess was taken.